The permanent employment contract, or CDI, is the common law contract in France. Any hiring without a written contract is presumed to be a full-time CDI. A written document is therefore not legally required for a full-time CDI, but its absence exposes both parties to difficulties in proving employment conditions in case of a dispute.
Drafting a written CDI allows for precise specification of the role, remuneration, workplace, and specific clauses that govern the relationship. Having a sample employment contract makes this drafting easier by providing a template adaptable to each situation.
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CDI without written form: what French law really allows
Confusion is common. The Labor Code only requires a written contract for certain types of contracts: fixed-term contracts (CDD), part-time work, temporary work, apprenticeship contracts. A full-time CDI can exist without a written document, with the employment relationship being proven by any means (pay slips, email exchanges, Pôle emploi certificates).
The problem arises as soon as a disagreement occurs. Without a signed document, the employer cannot claim a probationary period, a non-competition clause, or a mobility clause. The employee, for their part, will find it difficult to demonstrate that a contractual bonus was promised to them.
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Some collective agreements make a written document mandatory even for a full-time CDI. Therefore, it is necessary to check the applicable contractual provisions before concluding that a simple verbal agreement is sufficient. In practice, almost all employers draft a written contract to secure the relationship from the outset of employment.
Mandatory clauses and sensitive clauses in a CDI contract
A well-drafted CDI distinguishes between two categories of stipulations. The first are the mentions required by any collective agreement or legal common sense. The second are optional clauses whose drafting requires special attention.
Mentions to be systematically included
- The full identity of both parties (employer and employee), including the company’s SIRET number and the employee’s address.
- The job title, collective classification, and description of main duties, which serve as a reference in case of contract modification.
- The gross remuneration (amount, frequency, any variable elements), the workplace, and the weekly working hours.
- The applicable collective agreement, the start date, and, if applicable, the duration and conditions of the probationary period.
Clauses that generate the most disputes
The non-competition clause must provide for financial compensation, a geographical limitation, and a reasonable duration. Without these three elements, it is deemed null by the courts.
The mobility clause, which allows the employer to change the workplace, must define a specific geographical area. A vague formulation (“throughout the national territory”) risks being dismissed by the judge.
Clauses regarding days off, exclusivity, or remote work pose comparable issues: their validity depends on the precision of their drafting and their compliance with the collective agreement. It is better to draft a clause that is too detailed than one that is too vague.
Modification of the CDI: what the employer cannot do alone
A CDI cannot be unilaterally modified by the employer if the modification affects a contractual element (remuneration, qualification, working hours, workplace if no mobility clause exists). The employee must give their express consent, usually by signing an amendment.
The distinction between modifying the contract and simply changing working conditions is often misunderstood. A change in hours within the framework of the contractual duration falls under the employer’s direction power. However, a shift from daytime hours to nighttime hours constitutes a modification of the contract.
The employee’s refusal of a contractual modification does not in itself constitute a fault. The employer can then either abandon the modification or initiate a dismissal procedure, but they must justify a real and serious reason, distinct from the simple refusal.
Drafting a solid CDI: concrete mistakes to avoid
Copying a template found online without adapting it is the primary source of unenforceable clauses. Each CDI must be adjusted to the company’s collective agreement and the position concerned. A CDI template for a manager on a day rate has nothing to do with that of a part-time employee.
- Omitting the mention of the applicable collective agreement, which can lead to the reclassification of certain clauses or deprive the employee of contractual rights.
- Indicating a probationary period without checking the maximum durations provided by the collective agreement, which may be shorter than legal ceilings.
- Drafting a variable remuneration clause without specifying the objectives, calculation methods, and payment conditions, rendering the clause unenforceable.
The CDI also benefits from anticipating future developments in the relationship. Providing for the modalities of remote work, the conditions for a possible amendment, or the confidentiality rules applicable after the contract termination avoids having to negotiate under pressure.
A well-drafted CDI protects both the employer and the employee. The rigor invested at the time of drafting is measured on the day a clause is contested, an amendment is refused, or a dismissal is initiated. Checking each mention in light of the applicable collective agreement remains the most effective reflex to limit legal risks.